Aldf

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANIMAL LEGAL DEFENSE FUND, No. 13-17131 Plaintiff-Appellant, D.C. No. v. 3:12-cv-04376-EDL

U.S. FOOD & DRUG

ADMINISTRATION, OPINION

Defendant-Appellee.

On Remand from the En Banc Court

Filed September 30, 2016

Before: Susan P. Graber, Kim McLane Wardlaw, and Mary H. Murguia, Circuit Judges.

Per Curiam Opinion SUMMARY*

Freedom of Information Act

On remand from the en banc court, the panel reviewed de novo the district court’s summary judgment in a Freedom of Information Act case, concluded that there was a genuine issue of material fact, and reversed and remanded to the district court for further proceedings.

COUNSEL

Monte M.F. Cooper, Derek F. Knerr, and Scott Lindlaw, Orrick, Herrington & Sutcliffe LLP, Menlo Park, California, for Plaintiff-Appellant.

Lindsey Powell and Michael S. Raab, Attorneys, Appellate Staff, Civil Division, Department of Justice, Washington, D.C.; for Defendant-Appellee.

Caitlin Zittkowski and Cristina R. Stella, San Francisco, California, as and for Amicus Curiae Center for Food Safety.

*…